Drowning Deaths in Texas Law
Drowning accidents occur not only in private residences but also hotels and motels, state parks, amusement water parks, and many other locations. Sadly, many of these accidental deaths are the result of negligence.
Public pool and spa facilities available to families and their children are required by law to adhere to numerous regulations that ensure the safety of it's guests. These safety regulations include protective fences and gating, easy exit pool ladders, proper lighting and the presence of lifeguards. Failure to properly maintain and implement safety guidelines can result in tragic consequences for which the owner and/or property managers may be held liable.
These safety measures are often in place primarily to protect children who are naturally attracted to water in a swimming pool or at the beach. Most businesses with public access to these types of amenities must have trained lifeguards on duty. Failure to provide properly trained personnel to protect against accidental drowning may lead to personal injury liability under Texas law.
Sometimes, something as simple as a poorly maintained or improperly covered pool drain can cause a small child to lose it's life.
While water parks are popular attractions, especially during the summer time, maintenance of all of the rides can be complex and require costly ongoing expense to the theme park owners and operators. In order to maximize profitability it is sometimes tempting for these owners to minimize maintenance costs, leading to disastrous consequences. Such rides must be properly built, maintained and inspected regularly. They must also be properly supervised by trained personnel.
Likewise, hotels and motels must construct their pool and jacuzzi areas to meet safety standards. These areas must also be properly maintained and supervised, including proper placement of warning signs, self latching gates and so on.
Apartment complexes are also subject to safety regulations regarding the pools and hot tubs that are available for the residents and guests. Many complexes fail to maintain their swimming areas properly and over time gates, fencing and even pool drainage can become hazardous.
Homeowners with pools must also take proper precautions prevent accidental drowning of guests.
If a family member falls victim to accidental drowning you may be able to seek legal restitution under Texas wrongful death laws, including recovery of monetary damages for medical bills, lost earning potential, pain and suffering and more.
John Q. Lawyer
Attorney at Law
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